Part 2.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Chapter 58.
OYSTERS AND SHRIMP
The Texas Parks and Wildlife Commission adopts amendments to §§58.102,
58.150, and 58.160, concerning the Statewide Shrimp Fishery Proclamation; §§58.203,
58.205, 58.206, 58.208, and 58.209, concerning Statewide Crab Fishery Proclamation;
and §58.302, concerning the Finfish Fishery Proclamation, without changes
to the proposed text as published in the September 30, 2005, issue of the
The amendments are necessary as a result of the department's review process
under the provisions of Government Code, §2001.039, which requires each
state agency to perform a review of all regulations not less than every four
years and to either readopt, amend, or repeal each rule as necessary and appropriate.
As a result of the review, the department has determined that rulemaking is
necessary to remove unnecessary language which is redundant to language in
federal regulations, clarify language and terminology, and correct outdated
reference dates.
The amendment to §58.102, concerning Definitions, amends the definition
of Turtle Excluder Device (TED) by adopting by reference the federal regulation
prescribing approved TED devices. The amendment to §58.150, concerning
Sale, Purchase, and Handling of Shrimp--General Rules, clarifies that unless
a commercial shrimp boat license holder sells his catch to a licensed person
required to report the sale to the department, the commercial shrimp boat
license holder is required to report the sale to the department. The amendment
to §58.160, concerning Taking or Attempting To Take Shrimp (Shrimping)--General
Rules, removes redundant language, an expired effective date, and adopts by
reference the federal regulations prescribing approved Bycatch Reduction Devices
(BRD) and Turtle Excluder Devices (TED) required in inside and outside waters.
The rationale and justifications for the use of TEDs and BRDs in shrimp trawls
is the same as previously stated in the proposed rulemaking published in the
July 14, 2000, issue of the
Texas Register
(25
TexReg 6670), which was adopted in the October 6, 2000, issue of the
The amendment to §58.203, concerning Licensing, and §58.205,
concerning Display of License, clarifies that crab fishermen are required
to have the "display license" rather than a metal "plate" clearly visible
from both sides of the boat when fishing. The amendment also allows for the
display license to be made from any material. The amendment to §58.206,
concerning Issuance and Renewal of Commercial Crab Fisherman's License, removes
expired effective dates and enabling language concerning the limited entry
program for the crab fishery. The amendment to §58.208, concerning Limit
on Number of Licenses Held; Designated License Holder, clarifies that businesses
or partnerships must designate a person to hold their license. The amendment
to §58.209, concerning License Suspension and Revocation, removes an
expired effective date and rewords for clarity's sake the license requirement
for crab fishermen.
The amendment to §58.302, concerning Display of License, clarifies
that when fishing, finfish fishermen are required to have the "display license"
rather than a metal "plate" clearly visible from both sides of the boat. The
amendment also allows for the display license to be made from any material.
The amendment to §58.102 will function by replacing a voluminous recapitulation
of federal regulations with a citation of the federal regulations governing
TEDs.
The amendment to §58.150 will function by removing potential confusion
concerning the circumstances under which a commercial shrimp boat license
holder must report sales to the department.
The amendment to §58.160 will function by replacing a voluminous restatement
of federal regulations with a citation of the federal regulations governing
TEDs and BRDs.
The amendments to §58.203 and §58.205 will function by clarifying
that commercial crab fishermen are required to have a display license clearly
visible from both sides of the boat when fishing.
The amendment to §58.206 will function by eliminating expired effective
dates and obsolete language concerning the limited entry program for the crab
fishery.
The amendment to §58.208 will function by clarifying that a commercial
crab fisherman's license may be issued only to a named individual and not
in the name of a business or partnership.
The amendment to §58.209 will function by eliminating an expired effective
date and more effectively wording the requirement that crab fishermen must
obtain a license.
The amendment to §58.302 will function by clarifying that finfish
fishermen are required to have a display license clearly visible from both
sides of the boat while fishing.
The department received no comments concerning adoption of the proposed
amendments.
Subchapter B. STATEWIDE SHRIMP FISHERY PROCLAMATION
31 TAC §§58.102, 58.150, 58.160
The amendments are adopted under the authority of Parks and
Wildlife Code, Chapter 61, which provides the commission with authority to
regulate the periods of time when it is lawful to hunt, take, or possess game
animals, game birds, or aquatic animal life and the means, methods, and places
in which it is lawful to hunt, take, or possess game animals, game birds,
or aquatic animal life; Chapter 66, which requires reporting the sale of aquatic
product within the state; Chapter 77, which provides the commission with authority
to regulate the catching, possession, purchase, and sale of shrimp; and Chapter
78, which requires the commission to adopt any rules necessary for the administration
of the crab license management program.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 7, 2006.
TRD-200601490
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: March 27, 2006
Proposal publication date: September 30, 2005
For further information, please call: (512) 389-4775
31 TAC §§58.203, 58.205, 58.206, 58.208, 58.209
The amendments are adopted under the authority of Parks and
Wildlife Code, Chapter 61, which provides the commission with authority to
regulate the periods of time when it is lawful to hunt, take, or possess game
animals, game birds, or aquatic animal life and the means, methods, and places
in which it is lawful to hunt, take, or possess game animals, game birds,
or aquatic animal life, and Chapter 78, which requires the commission to adopt
any rules necessary for the administration of the crab license management
program.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 7, 2006.
TRD-200601492
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: March 27, 2006
Proposal publication date: September 30, 2005
For further information, please call: (512) 389-4775
31 TAC §58.302
The amendment is adopted under the authority of Parks and
Wildlife Code, Chapter 61, which provides the commission with authority to
regulate the periods of time when it is lawful to hunt, take, or possess game
animals, game birds, or aquatic animal life and the means, methods, and places
in which it is lawful to hunt, take, or possess game animals, game birds,
or aquatic animal.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 7, 2006.
TRD-200601493
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: March 27, 2006
Proposal publication date: September 30, 2005
For further information, please call: (512) 389-4775
Chapter 151.
OPERATIONS OF THE SCHOOL LAND BOARD
Subchapter C. STATEWIDE CRAB FISHERY PROCLAMATION
Subchapter D. FINFISH FISHERY PROCLAMATION
Part 4.
SCHOOL LAND BOARD